Scout Service Level Agreement
Last Updated: Jun 25, 2021
This SecApps Scout Service Level Agreement ("SLA") is a policy governing the use of SecApps Scout ("Scout") and applies separately to each account using Scout. In the event of a conflict between the terms of this SLA and the terms of the SecApps Customer Agreement or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
SecApps will use commercially reasonable efforts to make Scout available with a Monthly Uptime Percentage for each SecApps region, during any monthly billing cycle, of at least 99.9% (the "Service Commitment"). In the event Scout does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
Service Credits are calculated as a percentage of the following charges paid by you for Scout for the monthly billing cycle in which the Monthly Uptime Percentage for a given SecApps region fell within the ranges set forth in the table below:
|Monthly Uptime Percentage||Service Credit Percentage|
|Less than 99.9% but greater than or equal to 99.0%||10%|
|Less than 99.0% but equal to or greater than 95.0%||25%|
|Less than 95.0%||100%|
We will apply any Service Credits only against future Scout payments otherwise due from you. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from SecApps. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Scout is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.
Credit Request and Payment Procedures
To receive a Service Credit, you must submit a claim by opening a case with email@example.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:
i. the words "SLA Credit Request" in the subject line;
ii. the billing cycle and SecApps regions with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that SecApps region for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that SecApps region throughout the billing cycle;
iii. your Request logs that document the errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
If the Monthly Uptime Percentage of such credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.
The Service Commitment does not apply to any unavailability, suspension or termination of Scout, or any other Scout performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Scout; (ii) that result from any voluntary actions or inactions from you or any third party; (iii) that result from you not following the best practices described in the Scout User Documentation on the SecApps Site; (iv) that result in additional recovery time due to hitting Scout service limits; (v) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (vi) arising from our suspension and termination of your right to use Scout in accordance with the Agreement (collectively, the "Scout SLA Exclusions").
If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
"Availability" is calculated for each 5-minute interval as the percentage of Requests processed by Scout that do not fail with Errors. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.
"Error" is any Request that returns a 500 or 503 error code.
"Monthly Uptime Percentage" for a given SecApps region is calculated as the average of the Availability for all 5-minute intervals in a monthly billing cycle. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Scout SLA Exclusion.
"Request" is a customer-initiated action of a type specifically listed as being supported by Scout in the Scout Documentation on the SecApps Site. For the avoidance of doubt, Requests do not include actions listed under other products or services.
"Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.